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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error or misunderstanding of legal principles) was aware of the fact that the defendant escaped after having paid a traffic accident and left his vehicle alone, and even if the defendant was found to have left the vehicle alone without recovering the vehicle in spite of considerable interval of time from that time until the defendant was detained, the court below acquitted the defendant on the facts charged in this case. The court below erred by misapprehending the legal principles as to the application of Article 26 (1) 2 of the Automobile Management Act, which affected
2. The facts charged and the judgment of the court below
A. The Defendant of the facts charged in the instant case neglected the said car on the Egyp road located in Orcheon-gu, Ocheon-gu, from May 13, 2008 to November 6, 2008.
B. According to the records, the court below held that the defendant committed an intentional act against the defendant as to leaving the E-building road without a justifiable reason merely on the ground that the defendant escaped without any justifiable reason on May 13, 2008, when driving the above vehicle, from the small sand distance in Seocheon-gu, Seocheon-gu, Soon-gu, So-called So-called So-called So-called So-called So-called "Sa-gu", ② the fact that the accident vehicle after the above traffic accident is not confirmed in what circumstances the accident occurred, ③ the defendant was detained on June 3, 2008, and discharged on January 26, 2009 due to the above traffic accident. Thus, it is difficult to view that the defendant committed an intentional act against the defendant as to leaving the E-building road without any justifiable reason, and that there is no other evidence to prove otherwise.
3. Determination on the grounds for appeal
A. "Act of leaving a motor vehicle on the road continuously" under Article 26 (1) 2 of the Automobile Management Act means a case where it is recognized that the management of the motor vehicle is practically waived by leaving the motor vehicle continuously on the road without any special management act.